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(영문) 인천지방법원 부천지원 2019.10.01 2019고단2216
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a game room with the trade name of “C” in Kimpo-si B.

No one shall provide game products with the contents different from those of the game products rated.

Nevertheless, from March 10, 2019 to April 23, 2019, the Defendant provided 40 game machine “New Mar. 1, 2019,” which was rated as “the screen does not affect the game, and there is no separate points system,” in the above game room, in the form of “the game screen” and “the street screen is appearing on the background screen, a throid card is assigned to the user, and 5,000 points are given to the user per head of the throid card.”

As a result, the defendant provided game products different from the classified ones to unspecified customers for use.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Control support reports (Agraweg);

1. Application of the statutes concerning registration certificates of juvenile game providing business entities, photographs of game products, and internal photographs of game rooms;

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 and 2 of the Criminal Act;

1. The scope of recommendation [decision of type] according to the sentencing guidelines and the scope of punishment on illegal game products: [No person who has a special appearance [the scope of recommendation field and recommendation range] and the basic area of punishment on recommendation [the scope of recommendation field], six months to one year and two months;

2. Determination of sentence: 6 months of imprisonment with prison labor, and 2 years of suspended sentence, the Defendant committed the instant crime even though he/she had the record of being punished for the same kind of crime; however, the Defendant’s consent to and reflects the instant crime; and the Defendant’s ability to impose punishment exceeding the fine.

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